What is the test for triviality in a motor vehicle accident?
"New York", United States of America
The following excerpt is from Hutchinson v. Sheridan Hill House Corp., 19 N.Y.S.3d 802, 2015 N.Y. Slip Op. 07578, 26 N.Y.3d 66, 41 N.E.3d 766 (N.Y. 2015):
Trincerethus recognizes the doctrine that a defect alleged to have caused injury to a pedestrian may be trivial as a matter of law, but requires a holding of triviality to be based on all the specific facts and circumstances of the case, not size alone. In our opinion, we cited Guerrieri v. Summa,193 A.D.2d 647, 598 N.Y.S.2d 4 (2d Dept.1993), which expressed the trivial defect doctrine
[26 N.Y.3d 78]
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